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Full-Text Articles in Law

Status Report On Principles Of International And Human Rights Law Relevant To Climate Change, Katelyn Horne, Maria Antonia Tigre, Michael B. Gerrard Jan 2023

Status Report On Principles Of International And Human Rights Law Relevant To Climate Change, Katelyn Horne, Maria Antonia Tigre, Michael B. Gerrard

Faculty Scholarship

The report aims to provide high-level guidance on the legal issues to be analyzed by the ICJ on the advisory opinion request on climate change. The status report addresses (i) advisory proceedings before the ICJ, including the Court’s jurisdiction and procedure (Section II), and (ii) key legal principles relevant to the request for an advisory opinion, including principles of international environmental law and international human rights law (Section III). The report identified, in a non-exhaustive manner, key relevant principles of international environmental law, key relevant principles of international human rights law, and issues of intergenerational equities that apply to the …


Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop Jan 2010

Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.


Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane Jan 2009

Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane

Faculty Scholarship

The concept of nationality traditionally mediated the relationship between the individual and the state in a bygone era in which international law regarded only the latter as a genuine subject of the law; today, its international legal functions have expanded. Yet, as in the past, it remains unclear whether and how international law limits the otherwise almost plenary competence of states to confer their nationality by their internal laws in a way entitled to international recognition. After the International Court of Justice's ("ICJ") 1955 judgment in Nottebohm, however, lawyers began to express this limit with a kind of doctrinal mantra: …


Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers Jan 2007

Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers

Faculty Scholarship

No abstract provided.


The Federal Judicial Power And The International Legal Order, Curtis A. Bradley Jan 2007

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Immunity Or Impunity The Potential Effect Of Prosecutions Of State Officials For Core International Crimes In States Like The United States That Are Not Parties To The Statute Of The International, Mark A. Summers Jan 2006

Immunity Or Impunity The Potential Effect Of Prosecutions Of State Officials For Core International Crimes In States Like The United States That Are Not Parties To The Statute Of The International, Mark A. Summers

Faculty Scholarship

No abstract provided.


The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk Jan 2006

The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk

Faculty Scholarship

The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …


Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty Jan 2005

Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty

Faculty Scholarship

This is an edited version of a debate held at Columbia Law School on February 21, 2005.


The Reagan Doctrine, The 2003 Invasion Of Iraq, And The Role Of A Sole Superpower, Anthony S. Winer Jan 2004

The Reagan Doctrine, The 2003 Invasion Of Iraq, And The Role Of A Sole Superpower, Anthony S. Winer

Faculty Scholarship

The particular focus of the comparison in this Essay is the relationship of the Reagan Doctrine and the Bush Doctrine to the international law on the use of force. This comparison will yield some tentative conclusions about the consequences of the United States serving, in some senses, as the world's sole superpower.


Measures Necessary To Ensure: The Icj's Provisional Measures Order In Avena And Other Mexican Nationals, Robert D. Sloane Jan 2004

Measures Necessary To Ensure: The Icj's Provisional Measures Order In Avena And Other Mexican Nationals, Robert D. Sloane

Faculty Scholarship

This article analyzes the provisional measures order of the International Court of Justice (ICJ) in Avena and Other Mexican Nationals, the first provisional measures order issued by the ICJ after its decision in LaGrand holding that such orders have binding effect. After reviewing the background to Mexico's action, the article focuses on Avena's place in the Court's provisional measures jurisprudence, its international legal significance, its potential effects, if any, on the ICJ's perceived institutional legitimacy and authority, and its legal and political consequences for the United States. In particular, the article examines the domestic legal implications of the Court's order …


The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers Jan 2003

The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers

Faculty Scholarship

No abstract provided.


International Water Law, Groundwater Resources And The Danube Dam Case, Gabriel Eckstein, Yoram Eckstein Jan 1998

International Water Law, Groundwater Resources And The Danube Dam Case, Gabriel Eckstein, Yoram Eckstein

Faculty Scholarship

International water law is generally applied to disputes between states concerning surface bodies of water crossing international borders. Disputes and policy-making over transboundary ground water resources, however, have traditionally been determined on an ad hoc basis or based on regional custom. This disparate treatment stems primarily from the misunderstood nature of ground water and its relationship to surface water among government officials, policy-makers, jurists, and others. The result often has been the degradation of subsurface waters on both sides of political boundaries, and unwittingly, of numerous international surface bodies of water.

International concern over regional and global availability and quality …


Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr. Jan 1997

Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Law Structure Of Peace, Arthur Larson Jan 1960

The Law Structure Of Peace, Arthur Larson

Faculty Scholarship

No abstract provided.


The Self-Judging Clause And Self-Interest, Arthur Larson Jan 1960

The Self-Judging Clause And Self-Interest, Arthur Larson

Faculty Scholarship

No abstract provided.